The Decree 39/2013/nd-Cp: On The Organization And Activities Of The Inspector Of Labour Invalids Industry And Society

Original Language Title: Nghị định 39/2013/NĐ-CP: Về tổ chức và hoạt động của Thanh tra ngành Lao động - Thương binh và Xã hội

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The DECREE on the Organization and activities of the Inspector of labour invalids and sector of society _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on the Ombudsman of 15 November 2010;
According to the recommendation of the Minister of labor, invalids and Social Affairs;
The Government issued the Decree on the Organization and activities of the Inspector of labour invalids industry and society, chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree on the Organization and operation of the bodies performing inspection functions of labour invalids industry and society; inspectors, the inspection, the inspection industry collaborators of labour, invalids and Social Affairs; the responsibility of agencies, organizations, individuals active in the labor sector Inspector-invalids and social.
Article 2. The object Inspector 1. Agencies, organizations, individuals in the scope of management of the Ministry of labor, invalids and Social Affairs, the Department of labor, invalids and Social Affairs.
2. The Agency, organization, personal Vietnam and foreign countries are obliged to obey the rule of law in the areas within the governance of the Ministry of labor, invalids and Social Affairs, the Department of labor, invalids and Social Affairs.
Article 3. Apply international treaties the case of international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this Decree shall apply to the provisions of international treaties.
Article 4. The principle activities of the Inspector of labour invalids industry and society 1. Activities of the Inspector of labour invalids industry and society must abide by the law, ensures accurate, honest, objective, publicly, and timely.
2. the administrative inspection is conducted according to the inspection Group; specialized inspection activities are conducted according to the Corps of inspectors or by the Inspector, the Inspector conducted independent majors.
Chapter II Organization, DUTIES and powers of the BODIES IMPLEMENTING the LABOUR SECTOR INSPECTION FUNCTIONS-INVALIDS and SOCIAL article 5. The Agency made the labour sector inspection functions-invalids and social 1. The State Inspection Agency: a Ministry of labour inspector), invalids and Social Affairs;
b) Inspector of the Department of labor, invalids and Social Affairs of the province, the central cities.
2. The assigned Agency perform specialized inspections functions: a) General Directorate of vocational training;
b) Labor Management Bureau outside the country.
Article 6. Inspection of the Ministry of labor, invalids and Social Affairs 1. Inspection of the Ministry of labor, invalids and Social Affairs is the Agency under the Ministry of labor, invalids and Social Affairs, to help the Minister of labor, invalids and Social Affairs on State management inspection, complaints, accusations and prevention of corruption; implementation of administrative inspection, the specialization; complaints, accusations and, against taking part in the field of labour, invalids and Social Affairs within the country.
2. Inspection of the Ministry of labor, invalids and Social Affairs has a Chief Inspector, Deputy Chief Inspector, inspectors and other public officials.
3. Inspection of the Ministry of labor, invalids and Social Affairs is organized into the business. The business due to the Minister of labour, invalids and Social Affairs decided to establish.
4. Inspection of the Ministry of labor, invalids and Social Affairs under the direction of the Minister of labor, invalids and Social Affairs and the direction of the work, professional guidelines of the Government Inspector.
Article 7. The duties and powers of the Inspector of the Ministry of labor, invalids and Social Affairs Inspector of the Ministry of labor, invalids and social duties and powers stipulated in article 18 of law and inspection tasks, the following powers: 1. to preside or participate in building legal documents as assigned by the Minister of labor, invalids and Social Affairs.
2. professional training organization specialized inspectors for the inspectors, civil servants are assigned the task of specialized inspection of labour, invalids and Social Affairs.
3. Advocacy, guidance, urge, test bodies, units in The implementation of the provisions of the law on the Ombudsman.
4. To sum up, learned about the work of the Ombudsman in the field of labour, invalids and Social Affairs.
5. scientific research on inspection in the field of labour, invalids and Social Affairs.
6. International cooperation on inspection in the field of labour, invalids and Social Affairs.
7. The synthesis report, the Minister of labor, invalids and Social Affairs, the Inspector General of Government on results of inspection, complaints, accusations, prevention of corruption within the administration of the Ministry of labor, invalids and Social Affairs as prescribed by the law.
8. The mission, other rights prescribed by law.
Article 8. The duties and powers of the Chief Inspector of the Ministry of labor, invalids and Social Affairs Chief Inspector of the Ministry of labor, invalids and social duties and powers stipulated in article 19 of law and inspection tasks, the following powers: 1. report the Minister of labor, invalids and Social Affairs and the Inspector General of government inspection , resolve complaints, accusations, prevention of corruption within his responsibility.
2. Help the Minister of labor, invalids and Social Affairs to check, verify, conclusions and recommendations the complaints under the authority of the Minister of labor, invalids and Social Affairs.
3. Help the Minister of labor, invalids and Social Affairs monitor, test, urging the agencies administered directly by the Minister of labor, invalids and Social Affairs in the citizen, complaints, enforcement of the complaint resolution decision has legal effect.
4. Verify the content of the report, the conclusion of content verification, propose measures to handle the accusations in the jurisdiction of the Minister of labor, invalids and Social Affairs as assigned.
5. Consider, conclude the resolution denounced that the heads of the agencies under the direct management of the Ministry of labor, invalids and Social Affairs has settled but the signs violated the law; where there is evidence that the resolution of the Agency had violated the law, the recommendations of Ministers consider, resolve.
6. Assist the Minister of labor, invalids and social direction, urging, check the implementation modes of information, reporting on the work of corruption prevention organs, units administered directly by the Minister of labor, invalids and Social Affairs.
7. Inspection responsibilities of Heads of unit, administered by the Minister of labor, invalids and Social Affairs in the implementation of the law on the Ombudsman.
8. Gather public servants, employees of the Agency, the relevant units to join the delegation inspected.
9. The mission, other rights prescribed by law.
Article 9. Inspector of the Department of labor, invalids and Social Affairs 1. Inspector of the Department of labor, invalids and Social Affairs is the Agency in the Department of labor, invalids and Social Affairs, assist the Director of the Department of labor, invalids and Social Affairs conduct administrative inspections, Inspector specialist, denunciation, complaint resolution, prevention of corruption in accordance with law.
2. Inspection of the Department of labor, invalids and Social Affairs has a Chief Inspector, Deputy Chief Inspector, inspectors and other public officials.
3. Inspection of the Department of labor, invalids and Social Affairs under the direction of the Director of the Department of labor, invalids and Social Affairs; subject to the direction of inspection and guidance on administrative inspection services of the Inspector, central cities, on the Ombudsman's services inspected the Ministry of labour, invalids and Social Affairs.
Article 10. The duties and powers of the Inspector of the Department of labor, invalids and Social Affairs Inspector of the Department of labor, invalids and social duties and powers stipulated in article 24 of law and inspection tasks, the following powers: 1. Propaganda, guide, inspect, urge agencies, units of the administration of the Department of labor, invalids and Social Affairs in the implementation of the law on the bar investigation.
2. professional training organization specialized inspection for inspectors, civil servants make inspection in the inspection of the Department of labor, invalids and Social Affairs.
3. To sum up, learns about the inspection within the management of the Department of labor, invalids and Social Affairs.
4. General, report the inspection results, complaints, accusations, prevention of corruption within the administration of the Department of labor, invalids and Social Affairs as prescribed by the law.
5. The mission, other rights prescribed by law.
Article 11. The duties and powers of the Chief Inspector of the Department of labor, invalids and Social Affairs Chief Inspector of Department of labor, invalids and social duties and powers stipulated in article 25 of the law on the Ombudsman and the mission, the following powers: 1. Report of the Director of the Department of labor, invalids and Social Affairs , Chief Inspector of the Ministry of labor, invalids and Social Affairs and the Chief Inspector of the central cities, on inspection, complaints, accusations, prevention of corruption within his responsibility.
2. Inspection responsibilities of Heads of unit, administered by the Director of the Department of labor, invalids and Social Affairs in the implementation of the law on the Ombudsman.
3. Gather public servants, employees of the Agency, the relevant units to join the delegation inspected.
4. The duties of other powers, as provided by law.
Article 12. The duties and powers of the General Department of vocational training 1. Inspection plan building specialized vocational fields sent Inspector Ministry of labor, invalids and Social Affairs, the Minister of labor, invalids and Social Affairs; implementation plan was approved.
2. Inspection of the incident showed signs of breaking the law in the field of vocational training as the Chief Inspector of the Ministry of labor, invalids and Social Affairs.
3. Inspection of the other case by the Minister of labor, invalids and Social Affairs.
4. Tracking, urge, to check the implementation of the conclusions and recommendations, to decide the handling of inspections in the field of vocational training in the jurisdiction.
5. Perform the next task, citizen complaints, accusations and corruption prevention in accordance with the law.

6. General inspection report, the Ministry of labor, invalids and Social Affairs on the results of inspection, complaints, accusations and corruption prevention in the field of vocational training in the scope of management.
7. The mission, other rights prescribed by law.
Article 13. The duties and powers of the General Director of the Bureau of vocational education 1. Leadership, direction, check the inspection vocational specialist.
2. Decide when inspectors discovered signs of breaking the law in the field of vocational training.
3. Assigning public officials performing their duties inspectors vocational specialist.
4. Recommendations to the Chief Inspector of the processor the overlap on the subject, content, time of inspector training.
5. Recommendations to the State Agency has the authority to modify, Supplement, enact the provisions of the law for compliance with regulatory requirements in the field of vocational training; petition to suspend or cancel the regulations unlawful detected through inspection in the field of vocational training.
6. Sanctioning administrative violations in accordance with the law on handling administrative violations.
7. The mission, other rights prescribed by law.
Article 14. The duties and powers of the foreign labor management Bureau 1. Inspection plan building specialization field put the Vietnam go to work abroad under contract to send inspection Ministry of labour, invalids and Social Affairs, the Minister of labor, invalids and Social Affairs; implementation plan was approved.
2. Inspection of the incident showed signs of breaking the law in the field put the Vietnam go to work abroad under contract when the Chief Inspector of the Ministry of labor, invalids and Social Affairs.
3. Inspection of the other case by the Minister of labor, invalids and Social Affairs.
4. Tracking, urge, to check the implementation of the conclusions, recommendations, decisions about the handling of the Inspector in the field put the Vietnam goes to work in a foreign jurisdiction by contract.
5. Perform the next task, citizen complaints, accusations and corruption prevention in accordance with the law.
6. General inspection report, the Ministry of labor, invalids and Social Affairs on the results of inspection, complaints, accusations and the prevention of corruption in the field put the Vietnam go to work abroad under contract.
7. The mission, other rights prescribed by law.
Article 15. The duties and powers of Director of Department of labor management abroad 1. Leadership, direction, check out the specialized inspection in the field put the Vietnam go to work abroad under contract.
2. Decide when inspectors discovered signs of breaking the law in the field put the Vietnam go to work abroad under contract.
3. Assign public servants perform specialized inspections mission field takes the Vietnam go to work abroad under contract.
4. Recommendations to the Chief Inspector of the processor the overlap on the subject, content, time inspection in the field put the Vietnam go to work abroad under contract.
5. Recommendations to the State Agency has the authority to modify, Supplement, enact the provisions of the law for compliance with regulatory requirements in the field put the Vietnam go to work abroad under contract; petition to suspend or cancel the regulations unlawful detected through inspection in the field put the Vietnam go to work abroad under contract.
6. Sanctioning administrative violations in accordance with the law on handling administrative violations.
7. The mission, other rights prescribed by law.
Article 16. Chief Division of inspection in the General Department of vocational specialisation and foreign labor management Department Chief of Division of specialized inspection at the General Department of vocational training held the Service, in addition to Labor Management Bureau of water held in the room.
Chapter III INSPECTION STAFF, the INSPECTION, the INSPECTION INDUSTRY COLLABORATORS of LABOUR, invalids and SOCIAL AFFAIRS article 17. Industry inspectors of labour, invalids and Social Affairs 1. Industry inspectors of labour, invalids and Social Affairs is the servant, was appointed to the Inspector-commissioned to perform inspection duties in the field of labour, invalids and Social Affairs.
2. The appointment, resignation and industry inspectors labour invalids and social follow the provisions of the law.
3. industry inspectors of labour invalids and social duties and powers prescribed by the law.
4. industry inspectors labour invalids and Social Affairs granted the Inspector outfit, tag Inspector; enjoy the policy mode under the provisions of the law.
5. Minister of labour, invalids and Social Affairs specific rules about dress industry inspectors of labour, invalids and Social Affairs after its unification with the Inspector General of Government.
Article 18. The inspection of specialized labor, invalids and Social Affairs 1. The inspection of specialized labor, invalids and Social Affairs is the staffing of the Agency specified in clause 2 5 of this Decree, be a management agency heads directly assigned inspection duties.
2. The inspection of specialized labor, invalids and Social Affairs must be eligible, under the conditions specified in article 12 of Decree 7/2012/NĐ-CP dated September 2, 2012 of the Government regulations on the assigned Agency perform specialized inspections functions and specialized inspection activities.
3. The inspection of specialized labor, invalids and Social Affairs has attire, the specialized inspection card and enjoy fostering mode when performing inspection duties in accordance with the law. The dress, the specialized inspection card of labour, invalids and Social Affairs by the Minister of labor, invalids and social regulations.
4. The inspection of specialized labor, invalids and Social Affairs be sanctioning administrative violations in accordance with the law on handling administrative violations.
5. The inspection of specialized labor, invalids and Social Affairs be instructed about the specialized inspection services of the Inspector of the Ministry of labor, invalids and Social Affairs.
Article 19. Contributor to the labor sector Inspector-wounded soldiers and society 1. Contributor to the labor sector Inspector-invalids and social is the person on the set Unions join the Inspector to perform the inspection duties in the field of labour, invalids and Social Affairs.
2. duties, powers, the regime for the inspection industry collaborators of labour, invalids and Social Affairs comply with the provisions of the law.
3. The Minister of labour, invalids and Social Affairs regulation regulation collaborators labor sector Inspector-invalids and social.
Chapter IV INSPECTION ACTIVITIES in the LABOUR SECTOR, invalids and SOCIETY article 20. Inspection activities 1. Administrative inspection: a) the inspection of the implementation of the policy, law and the duties and powers of the Agency, organization, individual prescribed in clause 1 article 2 of this Decree;
b) administrative inspection activities must comply with the provisions of the law on administrative inspection and the provisions of relevant laws.
2. specialized inspections: a) the implementation of the provisions of labour legislation: the implementation of the type of periodic reports; recruitment and training of labour; the labor contract; collective labour agreements; working hours and rest time; public money and paid labour; occupational safety, hygiene and labour; the implementation of the provisions with regard to female workers, labor is elderly, disabled workers, juvenile workers; the implementation of the rules for foreign workers; Labor discipline, physical liability; the implementation of the provisions of labour law;
b) the implementation of the law on social insurance (social insurance compulsory, voluntary social insurance, unemployment insurance): the implementation of the law on social insurance of the social security organization; the implementation of the law on social insurance of the employers and workers;
c) the implementation of the legal provisions about bringing Vietnam workers go to work abroad under the contract: The organization of business, professional business units put Vietnam workers go to work abroad under contract; the signing of the contracts related to the laborers to work abroad; selection of labor; foreign language, vocational training for workers; the organization fostering the necessary knowledge for workers before going to work abroad; perform the contract brought laborers working abroad; management, protection of the legitimate rights and interests of laborers working abroad; implementation of the regime, the policy for laborers working abroad; liquidated contracts between enterprises, organizations and career workers go to work abroad; the implementation of the provisions of the law for putting Vietnam workers go to work abroad under contract;
d) the implementation of the legal provisions on vocational training; policy, vocational and apprenticeship mode: established conditions, the standard of the facilities and equipment of vocational activities of vocational institutions; the implementation regulations of recruitment, examination, inspection, accreditation, graduate diploma, certificate; rights and obligations of the Organization, individuals involved in training and apprenticeship; the vocational training for the disabled; vocational accreditation; the implementation of the program, projects on vocational training; the implementation of the provisions of the law on vocational education;
DD) the implementation of the policy, laws on incentives for people to revolution: the implementation of the provisions on the subject, conditions, standards, the preferential regime with revolutionary people and their relatives; the responsibility of agencies, organizations and individuals in the implementation of preferential policies, people of the revolution and their relatives; the allocate, manage, use funding incentives policy people to the revolution by the labour sector, invalids, and social management; the management and use of the Fund; the implementation of the provisions of the incentive people to the revolution;

e) implementing policies and legislation on social assistance and poverty reduction; the implementation of national target programs to poverty reduction and the social assistance programs in the fields of management of labour invalids industry and society;
g) the implementation of the provisions of the law of protection policy, child care in the jurisdiction, the labour sector's responsibility, invalids and Social Affairs: the implementation of the national action programme for children; child protection programs, health care, education of children with special circumstances and other plans, programmes on the protection, care and education of children;
h) the implementation of the provisions of the law on gender equality; the implementation of the national target program on gender equality, measures to ensure gender equality;
I) the implementation of the provisions of the law on the policy, the solution to prevent prostitution; drug addiction; After Rehab Management; victim support purchase and sale; Organization and operation of the Healing Center-education-social workers, facilities management after detoxification;
k) other content related to the field of labour, invalids and Social Affairs.
Specialized inspection activities must comply with the provisions of the law on specialized inspectors and the provisions of relevant laws.
Article 21. Complaints resolution activity report 1. The citizens organization; receiving, handling complaints, accusations; complaints, accusations by the authority.
2. Hosted, in cooperation with relevant implementing agencies to continue the Mission of citizens in the next Office.
3. Monitor, test, urging the implementation of the decision on appeal, decided to handle the report of the Minister of labor, invalids and Social Affairs, the Chief Inspector of the Ministry; the Director of the Department of labor, invalids and Social Affairs, the Chief Inspector of the Department; of the heads of the agencies assigned functions of specialized inspection.
Article 22. Corruption prevention activities 1. Inspection of the implementation of the law on prevention of corruption of the agencies, organizations, individuals specified in paragraph 1 article 2 of this Decree.
2. Coordinate with agencies, organizations involved in detecting acts of corruption.
3. Recommendations to the authority handling for corrupt behavior detected through inspection activities in the field of labour, invalids and Social Affairs.
Chapter V PROVISIONS IMPLEMENTATION of Article 23. Effective enforcement of this Decree in effect enforced since June 15, 2013, replacing Decree No. 31/2006/ND-CP dated 29 March 2006 from the Government about the Organization and activities of the Inspector of labour, invalids and Social Affairs.
Article 24. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, agencies, organizations and individuals concerned is responsible for the implementation of this Decree.